ISLAMABAD — One year after Pakistan’s Supreme Court reversed its own ruling and declared that civilians can be tried by military courts, the country’s justice system remains in a state of legal limbo, with hundreds of activists, protesters, and dissidents facing convictions that human rights groups say violate the most basic tenets of fair trial and due process.
The May 7, 2025, decision by the Supreme Court’s constitutional bench—issued by a 5-2 majority—overturned a landmark October 2023 ruling that had struck down sections of the Pakistan Army Act allowing military trials of civilians. The new ruling not only upheld the military’s jurisdiction over civilians but also ordered Parliament to enact legislation within 45 days to provide an “independent right of appeal” to high courts for those convicted. Nearly a year later, that law remains untouched, leaving thousands in legal purgatory.
Amnesty International has condemned the Supreme Court’s decision as a “fundamental undermining of the right to a fair trial and the right to liberty in Pakistan.” The organization’s Deputy Regional Director for South Asia, Isabelle Lassee, warned that military courts “flout virtually every protection guaranteed under international human rights law.” Civilians, she said, are subjected to secret trials without procedural safeguards, conducted by army officials who lack independence and impartiality. Convicted individuals are routinely denied access to reasoned judgments or written orders, and their appeals are blocked, effectively erasing their legal recourse.
For those still serving sentences, including activists like Idris Khattak and protesters arrested during the May 9, 2023, unrest following the detention of former Prime Minister Imran Khan, the consequences are stark. Khattak, a prominent human rights defender forcibly disappeared in 2019, was convicted in a secret military trial in December 2021 and sentenced to 14 years in prison on espionage charges. His case, along with those of the 9 May protesters, underscores a broader pattern: military courts operate outside civilian oversight, with convictions often handed down without transparency or the possibility of meaningful review.
The Legal Reversal and Its Aftermath
The Supreme Court’s reversal in May 2025 marked a dramatic shift in Pakistan’s legal landscape. The bench, which included seven judges, reinstated sections 2(1)(d), 59(4)(i), and 59(4)(ii) of the Pakistan Army Act, allowing military courts to try civilians accused of offenses such as “waging war against the state” or “sabotage.” The majority opinion emphasized that Parliament must now legislate an appeals process for civilians, but as of May 2026, no such law has been introduced or passed.
In December 2024, military courts convicted 105 protesters involved in the May 9, 2023, demonstrations, sentencing them to prison terms ranging from two to ten years. While 19 were released on grounds of mercy immediately after their convictions, and five more were freed after serving their full sentences, dozens remain incarcerated. The lack of a functional appeals process means their cases cannot be revisited by civilian courts, leaving their convictions effectively unchallengeable.
Who Is Affected and Why It Matters
The military court system’s expansion has disproportionately targeted activists, journalists, and political opponents. Among the most high-profile cases is that of Idris Khattak, who documented enforced disappearances and human rights abuses in Khyber Pakhtunkhwa. His conviction on espionage charges in 2021 was widely criticized as politically motivated, with human rights organizations, including Human Rights Watch, condemning the lack of due process and the secrecy surrounding his trial.
For the 9 May protesters, many of whom were ordinary citizens exercising their right to peaceful assembly, the military court convictions have had devastating personal and familial consequences. The absence of a transparent appeals process means that even those who have completed their sentences—such as the five released in May 2025—face the lingering stigma of a conviction that cannot be legally overturned.
International Condemnation and Domestic Silence
International human rights organizations have repeatedly condemned Pakistan’s military court system, citing its incompatibility with global standards for fair trials. Amnesty International, Human Rights Watch, and the Tom Lantos Human Rights Commission have all highlighted the systemic flaws, including the denial of access to legal counsel, the lack of public trials, and the absence of independent oversight.
Despite this outcry, domestic political and judicial institutions have largely remained silent. The Supreme Court’s directive to Parliament to enact an appeals law has not been acted upon, leaving the legal status of those convicted in military courts in limbo. Legal experts argue that the failure to implement the Court’s order undermines the rule of law and sets a dangerous precedent for the treatment of civilians by military authorities.
Key Dates and Developments
| Date | Event | Impact |
|---|---|---|
| October 2023 | Supreme Court strikes down military trials of civilians | Sections of Army Act invalidated; protesters and activists freed |
| May 7, 2025 | Supreme Court reverses ruling, upholds military trials | New legal framework for military trials; Parliament ordered to act |
| December 2024 | 105 protesters convicted by military courts | Sentences of 2–10 years; appeals process remains blocked |
| May 2025–2026 | Parliament fails to enact appeals law | Convictions remain unchallengeable; legal limbo continues |
The Path Forward: What’s Next?
With no legislative action from Parliament and no further rulings from the Supreme Court, the future for those convicted by military courts remains uncertain. The next critical checkpoint is the implementation of the Court’s directive to establish an independent appeals process. Legal observers warn that without such a mechanism, the military court system will continue to operate with impunity, further eroding civilian rights and the principle of judicial independence.
Human rights advocates are calling on the Pakistani government to immediately ban military trials of civilians, overturn all unlawful convictions, and ensure that those affected are granted a meaningful right to appeal. Until then, the justice system’s credibility—and the rights of thousands of Pakistanis—remain at risk.
For those seeking updates on this issue, the Supreme Court of Pakistan’s official website and Amnesty International’s South Asia regional reports provide ongoing analysis and calls for action.
If you have been affected by this issue or wish to share your perspective, we welcome your comments and stories. Together, People can hold authorities accountable and demand justice for all.
